Google Inc v Duffy

[2018] SASCFC 10

SUPREME COURT OF SOUTH AUSTRALIA

(Full Court)

GOOGLE INC v DUFFY

[2018] SASCFC 10

Judgment of The Full Court

(The Honourable Chief Justice Kourakis, The Honourable Justice Peek and The Honourable Justice Hinton)

22 February 2018

DEFAMATION - ACTIONS FOR DEFAMATION - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT

DEFAMATION - ACTIONS FOR DEFAMATION - COSTS - OTHER MATTERS

Judgment in this matter was delivered on 4 October 2017 dismissing the appellant’s appeal on liability and the respondent’s appeal on damages.

Held per Curiam (Kourakis CJ, Peek and Hinton JJ):

1.       The circumstances in this case do not give rise to a departure from the ordinary rule that costs follow the event.

2.       The appellant is to pay the respondent’s costs of, and incidental to, its appeal on liability.

3.       The respondent is to pay the costs of the appellant on the cross-appeal as to damages.

4.       The appeal is certified fit for Senior Counsel.

GOOGLE INC v DUFFY
[2018] SASCFC 10

Full Court:  Kourakis CJ, Peek and Hinton JJ

1. THE COURT:       The Court delivered its judgment in this matter dismissing the appellant’s appeal on liability and the respondent’s appeal on damages.

2. There is no reason in the circumstances of this case to depart from the ordinary rule that costs follow the event.

3. Accordingly, the Court orders that the appellant pay the respondent’s costs of, and incidental to, its appeal on liability.  The respondent is to pay the costs of the appellant on the cross-appeal as to damages.

4. The appeal is certified fit for Senior Counsel.